Hilson v. Graham

Hilson v. Graham

Petitioner:	Lerome Hilson
Respondent:	Harold Graham
Case Number:	1:2017cv08861
Filed:	November 14, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Colleen McMahon
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
February 28, 2019	Filing 35 OPINION AND ORDER. Because neither party has filed objections to the Report, the Court reviews it for clear error. The Court has carefully reviewed Judge Parker's thorough and well-reasoned Report and finds no error, clear or otherwise. Accordin gly, the Court adopts the Report in its entirety. Graham's motion is GRANTED, and the petition is DISMISSED. Hilson's failure to file objections precludes appellate review of this decision. See Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam). In addition, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to terminate the motion, Doc. 16, mail a copy of this Opinion and Order to Hilson, and close the case. It is SO ORD ERED. Re: 32 Report and Recommendations, 16 Motion to Dismiss filed by Harold Graham. (Signed by Judge Edgardo Ramos on 2/22/2019) (rjm). Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

February 28, 2019

Filing 35 OPINION AND ORDER. Because neither party has filed objections to the Report, the Court reviews it for clear error. The Court has carefully reviewed Judge Parker's thorough and well-reasoned Report and finds no error, clear or otherwise. Accordin gly, the Court adopts the Report in its entirety. Graham's motion is GRANTED, and the petition is DISMISSED. Hilson's failure to file objections precludes appellate review of this decision. See Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam). In addition, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to terminate the motion, Doc. 16, mail a copy of this Opinion and Order to Hilson, and close the case. It is SO ORD ERED. Re: 32 Report and Recommendations, 16 Motion to Dismiss filed by Harold Graham. (Signed by Judge Edgardo Ramos on 2/22/2019) (rjm). Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.

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Petitioner: Lerome Hilson
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Respondent: Harold Graham
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